A Pennsylvania federal judge denied TIG Insurance Co.’s motion to dismiss a $26 million CERCLA coverage action, holding that the statute of limitations on an action for breach of the duty to defend begins to run at the conclusion of the underlying litigation, not when the policyholder tenders a claim to the insurer. Wiseman Oil Co., Inc., v. TIG Ins. Co. F/K/A Transamerica Ins. Co., No. 011-1011, (W.D. Pa. May 22, 2012). Consistent with a majority of courts, the court held that this claim does not accrue until the underlying litigation ends because the insurer’s duty to defend is a continuing one, which may be performed so long as the litigation continues. The court also held that the policyholder’s claim for breach of the duty of good faith was not time-barred.